Zas Ventures Ltd v Forkner [2016] EWCA Civ 1062 (01 November 2016)

Zas Ventures Ltd v Forkner [2016] EWCA Civ 1062 (01 November 2016)

The right to occupy was conditional on compliance with obligations to insure and maintain the property. Previous owners' failure to enforce those obligations amounted to a waiver for past breaches, but after reasonable notice, the current owner was entitled to enforce compliance for subsequent breaches. Miss Forkner's continued failure to repair after notice justified termination of her right to occupy and possession was properly ordered.

Citation
[2016] EWCA Civ 1062
Parties
Claimant/respondent: ZAS Ventures Ltd; Defendant/appellant: Lillian Iris Forkner
Jurisdiction
England and Wales
Judgment Date
01 November 2016
Procedural Posture
Appeal (civil) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Licence to Occupy, Conditional Right of Occupation, Waiver of Covenant, Repudiation of Licence, Possession Proceedings
Property Law Landlord and Tenant Licence to Occupy Conditional Right of Occupation Waiver of Covenant Repudiation of Licence Possession Proceedings

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Parties

ZAS Ventures Ltd

Claimant/respondent

Lillian Iris Forkner

Defendant/appellant

Procedural Posture

Appeal (civil) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the right to occupy was conditional on performance of obligations to insure and maintain
  2. 2 Whether waiver or acquiescence by previous owners precluded enforcement of conditions
  3. 3 Whether failure to repair constituted a continuing breach justifying possession

Ratio Decidendi

The right to occupy was conditional on compliance with obligations to insure and maintain the property. Previous owners' failure to enforce those obligations amounted to a waiver for past breaches, but after reasonable notice, the current owner was entitled to enforce compliance for subsequent breaches. Miss Forkner's continued failure to repair after notice justified termination of her right to occupy and possession was properly ordered.

Court Disposition

Appeal dismissed

Orders

  • Order for possession of 14 Liddon Road, Plaistow, London in favour of ZAS Ventures Ltd upheld